Negotiations 8: Establishing a Palestinian State

For all intents and purposes, the establishment of a Palestinian state should be a simple political act. In reality, it raises a series of diplomatic and political issues with long-term significance.

For all intents and purposes, the establishment of a Palestinian state should be a simple political act - the Palestinians have to declare the establishment of a State with agreed territory and conditions and Israel will recognize it. The powers and authorities of the Palestinian state will be defined by international law, as well as the agreements with Israel.

In reality, the establishment of a Palestinian state raises a series of diplomatic and political issues with long-term significance. Among others, the list of topics includes:

a. The issue of the Palestinian right for self-determination - would the establishment of a Palestinian state fulfill the right of self-determination of the Palestinian people in its entirety and take this issue off the agenda (See 'Finality of Claims')? Alternatively, even after the establishment of a Palestinian state, would a group of 'Palestinians' continue to claim that their right to self-determination remains unfulfilled?

b. The issue of Palestinian representation - who will the PLO and the Palestinian state represent after the establishment of a Palestinian state, whether it will be with provisional or permanent borders?

c. The future of the Palestinian Authority after the establishment of a Palestinian state - will the Palestinian state 'inherit' the PA's powers, authorities and obligations or will they be defined based on international law?

d. The future relationship between a Palestinian state and its diaspora - The Palestinian diaspora is mostly comprised of refugees living in host countries (Jordan, Syria, Lebanon). What links will the future Palestinian state have with the Palestinian diaspora and in particular with the Arab citizens of Israel, Palestinian citizens of Jordan and the 'refugees'?

e. The relationship between a Palestinian state and the Arab citizens of Israel - In Permanent Status, a complicated triangular set of relations among Israel, the Palestinian State, and the Arab citizens of Israel will occur. To what extent will Israel agree to recognize unique legal, political or economic affiliation between its Arab citizens and the Palestinian state?

f. The question of dual Israeli-Palestinian citizenship - in theory, every Israeli can hold dual citizenship. In this case, hundreds of thousands of Israeli citizens may obtain Palestinian citizenship or passports. Such a reality may provide the legal and political foundation for Palestinian irredentism in Israel.

This set of issues is likely to cause a clash between those Palestinians supporting the 'Ethos of Struggle' and those who support the 'Principle of Historic Compromise' (see my previous post). The clauses dealing with the above issues will be the subject of strong disagreement between the two groups.

These issues become even more complicated if a Palestinian State with Provisional Borders (PSPB) is established without the refugee issue being resolved. In such a scenario, one can expect the Ethos of Struggle ideology to dominate the interpretation of the agreement. Under such circumstances it will be very difficult for Israel to concretize the logic that the Palestinian right to self-determination has been realized through the establishment of a Palestinian state.

My recommendations are:

1. On a level of principle: Israel's underlying logic must be that the establishment of a Palestinian state will fully realize the right to self determination of the entire Palestinian people. This logic should be applied in all political diplomatic discussions with the Palestinians.

2. On an organizational level: Israel should design its strategy on these issues and formulate its positions accordingly. Such work should impact the present negotiations.

3. Israel should develop an advance vision of the political and diplomatic aspects of Permanent Status. This will be essential in order to ground the principle that a Palestinian state fulfills the right to self-determination in a situation whereby an interim agreement is reached and a PSPB is established without resolving the refugee issue.